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On The Unity Of Rule Of Law And Rule Of Morality

Posted on:2008-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:S R LiFull Text:PDF
GTID:2166360215468997Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The relation of rule of law and rule of morality is always one of important issues to politicians and thinkers. Human nature and historical experience have told us that single rule of law and unilateral rule of morality can't govern a county well. The characters and qualities of law and morality decide that it is not only feasible but also necessary to unify rule of law and rule of morality. Modern democratic reign demands the combination of law and morality, demands the mutual unity of the rigidity of rule of law and the flexibility of rule of morality. Instructed by Marxist theory of law and ethnics and targeted the unity of rule of law and rule of morality in the new position, the text analyses and explores deeply how to combine and unify rule of law and rule of morality in democratic society from the points of view of law, ethnics, philosophy and history. Different from the former study, the text mainly tries to build practicable theories and ways about the unity of rule of law and rule of morality on the basis of the former theory.The text has four parts. Part One is about the connotations and characteristics of rule of law and rule of morality. Different learners have different opinions about the concepts of rule of law and rule of morality. The meanings are so rich that it is too difficult for me to give clear concepts, so I explain rule of law and rule of morality by distinguishing several correlative concepts and outlining the characters of rule of law and rule of morality. Part Two is about the relation of rule of law and rule of morality. According to materialist dialectics of Marxism, anything is the unity of opposites and the unity of such opposites is general law for anything, so are rule of law and rule of morality. The relation of rule of law and rule of morality is the unity of opposites and there are difference and relation between them. They can facilitate each other and rule a country because of there being the difference and relation between them. Part Three is about theoretical support and historical origins of the unity of rule of law and rule of morality from perspectives of ethics and history. History is a mirror. We can avoid failing and learn and summarize successful experience if we draw historical experience and lesson. We know from historical short life of single rule of law and weakness of single rule of morality that only by unifying rule of law and rule of morality, can we have democratic society and keep the country stable and boost social material civilization and spiritual civilization all-round development. Part Four is about the practice of unifying rule of law and rule of morality. How to success in unifying rule of law and rule of morality is the above three parts' end and they are all go back to Part Four in practice. The Part studies the unity of rule of law and rule of morality from legislation, administration of law, judicatory, legal and moral education, legal and moral supervision.
Keywords/Search Tags:rule of law, rule of morality, unity, practice
PDF Full Text Request
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